The Holy Empire of Gandalfia
Preamble The Holy Empire of Gandallfia proclaims the universal rights of Man and the principles of self-governance accounted to any sovereign state. By virtue of God, and these principles, the Holy Empire of Gandallfia offers to all territories which have expressed the will, or come to be under these principles by joining with the Holy Empire of Gandallfia, institutions founded on these common ideals. By the virtue of God the Holy Empire of Gandallfia, and all citizens of the Holy Empire of Gandallfia, commit to the Constitution contained within, asserting their allegiance to the Holy Empire of Gandallfia and to His most gracious sovereign, under God, the Emperor of Gandallfia, King of Gandalfia, Lord of the Scattered Islands, Duke of Sergiusshire, acknowledging that nothing contained within this Constitution is repugnant to the Word of God, the tradition God passed down, nor to human reason. Title 1 On Sovereignty 1.1.1 “The Holy Empire of Gandallfia” (referred to as ‘the Empire’ within this document)shall be the official title of the Empire. 1.1.2 The language of the Empire shall be English (UK). 1.1.3 The Empire’s emblem shall be the tripedal on red background flag. 1.1.4 The Empire’s official emblem shall be flown above all public buildings throughout the Empire at all times, being flown with due reverence and respect, with reverence and respect shown by all people’s within the boundaries of the Empire to the Empire’s official emblem. 1.1.5 “His most gracious sovereign, under God, Emperor N. of Gandallfia, King of Gandalfia, Lord of the Scattered Islands, Duke of Sergiusshire.” (referred to as ‘the Emperor’ within this document) shall be the official title of the Emperor. 1.1.6 The Emperor’s official title shall be changed automatically, without parliamentary approval, upon the acquisition of new territories beyond the current official borders of the Holy Empire of '''Gandallfia, or upon the inheritance or acquisition of lands within said borders. 1.1.7 The Emperor’s official coat of arms shall be a shield Ermine, on a chevron Azure, with three cinqfoil Or. On a helmet mantlled Azure, doubled Argent, within a wreath Azure and Or, this crest: an arm naked, dexter holding a sword proper Argent, hilted Or. '''1.1.8 The Emperor’s official coat of arms shall appear with the official national emblem on all of the Emperor’s official documentation sent internally and externally. 1.1.9 The Emperor’s official coat of arms shall be flown above all public buildings throughout the Empire at all times, being flown with due reverence and respect, with reverence and respect shown by all people’s within the boundaries of the Empire to the Emperor’s official emblem as demonstration for the person of the Emperor. 1.1.10 The Empires’s official coat of arms shall be the tripedal on red shield, crowned with the image of the Imperial Crown and flanked by the Falcon and the Raven. 1.1.11 The Empire’s official coat of arms shall appear with the Empire’s emblem on all official Parliamentary documentation sent internally and externally as a show of national pride. 1.1.12 The national anthem of the empire shall be God save our Emperor. 1.1.13 The maxim of the Empire shall be “Where there’s a wool there’s a way” 1.1.14 The principle of the Empire shall be: government by the Emperor, with the people, for the people. 1.1.15 The Empire shall be all territories proclaimed without dispute to be territories of the Empire. 1.1.16 The Constitution, notes to the Constitution and laws of the Empire shall be binding on all people’s within the boundaries of the Empire except where international agreement has negated this article. 1.1.17 The official oath of allegiance shall be ''I, N., do solemnly swear, upon pain of death, to the Emperor’s Divine Right under God to rule over the Holy Empire of Gandallfia and all citizens of the Holy Empire of Gandallfia. I do solemnly swear to pledge my entire obedience and respect to the Emperor’s person, the integrity of the Holy Empire of Gandallfia and to the Constitution and laws of the Holy Empire of Gandallfia.'' 1.2.1 The Empire’s sovereignty shall be vested in the Emperor 1.2.2 The Empire’s legislative power shall be vested in the Emperor, House of Lords and House of Commons in union, with the sovereignty of the peoples of the Empire exercised through their representatives in the House of Commons and by means of referendum where so appointed by law or constitution. 1.2.3 Suffrage may be direct or indirect as provided for by the Constitution. It shall always be universal, equal and secret. 1.2.4 All citizens of the Empire of any gender, sexuality, race or religion who have reached their majority of sixteen (16) years of age and are in possession of their civil and political rights on the day preceding a general election for the House of Commons may vote as provided for by statute. 1.2.5 All citizens of the Empire are responsible for the defence of the Empire as expressed through compulsory National Service. 1.2.6 The Emperor acknowledges that not all citizens support armed service and as such makes provision for conscientious objectors to complete compulsory National Service in the areas of Public Service or Charity Service. 1.2.7 The Emperor makes provision in times of war for conscientious objectors to complete non-armed service that contributes to the successful defence of the Empire. 1.3.1 Political parties and groups shall have freedom to contribute to the exercise of suffrage in the House of Commons. They shall be formed and carry on their activities freely. They shall respect the principles of the Empire’s sovereignty and democracy. 1.3.2 Permanent Political parties and groups are outlawed from forming within the House of Lords, although this does not preclude informal or temporary interest groups from forming within the House of Lords for the promulgation and passage of legislation. 1.3.3 All political parties shall contribute to the implementation of the principles set out in this Constitution. 1.3.4 Statutes shall guarantee the expression of diverse opinions and the equitable availability to participation of political parties and groups in the democratic life of the nation, within the legal and legislative framework contained within this Constitution. Title 2 The Emperor 2.1.1 The Emperor of the Empire shall ensure due respect for the Constitution. He shall ensure, by his arbitration, the proper functioning of the public authorities and the continuation of the Empire. 2.1.2 He shall be the guarantor of the Empire’s independence, territorial integrity and due respect for international treaties that the Empire subscribes to. 2.1.3 The Emperor shall not be deposed or have legal proceedings brought against him whilst alive or after death. 2.1.4 The Emperor is bound by the Constitution of the Empire. 2.2.1 The Emperor shall hold his divine appointed position in family succession from the death of his father until his own death, at which time his eldest child (the Crown Prince) shall ascend to the throne of the Empire. 2.2.2 The Emperor shall be the eldest child in succession without bar to gender, age or sexuality. 2.2.3 Upon the Emperor dying childless the throne of the Empire and the Imperial crown with all rights, privileges and prerogatives they entail, will be conferred to the closest bloodline relative of the former Emperor (ie. The Emperor just deceased). 2.2.4 Illegitimate children of the Emperor are not able to succeed to the throne. 2.2.5 Illegitimate children of former Emperors are not able to succeed to the throne. 2.2.6 In the event of the inability of the Emperor from executing his duties due to illness or incapacity the Emperor’s duties will be carried out by the Regency which consists of the Emperor’s consort, the Crown Prince, Archbishop of the Church of Gandallfia, the Law Lords and the Emperor’s Privy Council. 2.2.7 In the event of the inability of the Emperor from executing his duties due to the Emperor’s youth upon ascending to the throne duties will be carried out by the Regency which consists of the Emperor’s remaining parent (where they are still living), the Archbishop of the Church of Gandallfia, the Law Lords and the former Emperor’s Privy Council until such time as the Emperor asserts his right to govern under his Divine right. 2.3.1 The Emperor shall preside over both Houses of Parliament the House of Commons and the House of Lords (Parliament) either in person or through the appointment of a Speaker to the House from amongst the members of the House. 2.3.2 The Emperor’s representative in the House (the Speaker) shall be the spokesperson for the Emperor in their respective House, charged with presenting the Emperor’s requests to the House, for passing on a report of the daily proceedings in the House to the Emperor and for ensuring due respect and decorum in the House, ensuring that the Emperor’s honour is not insulted or that the Houses’ business strays onto areas of the Emperor’s prerogative powers or calls for disruption to good governance or treason against the Emperor are made in the House. 2.3.3 The Emperor has the right to communicate by letter, and address in person, either of the Houses, or both together, at his discretion, with such communication not giving rise to debate or except where legislation of the Empire is concerned. ''' '''2.3.4 The Emperor shall have the prerogative to call and dissolve Parliament. 2.3.5 The Emperor must call Parliament where so directed by the Constitution. 2.4.1 The Emperor shall be the only authority to accredit ambassadors and envoys extraordinary to foreign powers. 2.4.2 Foreign ambassadors and envoys extraordinary shall be accredited to him. 2.5.1 The Emperor shall be Commander-in-Chief of all Armed Forces within the Empire. 2.6.1 The Emperor has the power to grant individual pardons to those found guilty in a legal court of the Empire. Title 3 The Government 3.1.1 The Government of the Empire shall consist of the executive and Members of the Houses of Parliament. 3.1.2 The Executive consists of the Emperor, the Archbishop of the Church in Gandallfia, the Emperor’s Privy Council, and any member of either house which the Emperor so appoints to the executive. 3.1.3 The executive shall have at its disposal the civil service and the armed forces. 3.2.1 The Emperor shall bear ultimate responsibility for the defence of the Empire. 3.3.1 The Emperor shall introduce legislation to the Government for debate and vote. 3.3.2 The Emperor shall ensure the implementation of legislation. 3.3.3 The Emperor shall have the power to make regulations and shall make appointments to civil and military posts. 3.3.4 All laws, exempting local government legislation and bye-laws, cannot become law without the assent of the Emperor. 3.3.5 Any member of either House of Parliament may introduce amendments to Bills introduced, and which will become part of the Bill upon securing a majority vote in both Houses of Parliament. 3.3.6 The Emperor shall not be bound by any amendment proposed and legally passed by Parliament and passed up-to him for assent. 3.3.7 Money (Taxation) Bills are non-amendable by either House of Parliament. 3.3.8 The House of Commons shall have the right to portion forty per cent (40%) of expenditure as it sees fit with the majority backing of the House of Lords, and the Emperor’s assent. 3.3.9 The House of Commons must present these Money (Expenditure) Bills to the whole House of Commons gathered and to the whole House of Lords gathered. 3.3.10 The Emperor may not infringe upon the right of the House of Commons to the portioned expenditure under article 3.3.8 3.3.11 Any Member of Parliament may present the Emperor with a petition for legislation. 3.3.12 All Members of Parliament shall hold office under the authority of the Emperor, after swearing the oath of allegiance under article 1.1.15 and shall abide by the stipulated oath of allegiance. 3.4.1 The House of Commons shall consist of universally elected, under article 1.2.4, members. 3.4.2 Members shall represent constituencies of no more than 80,000 electors based on membership by achieving the conditions laid out under article 1.2.4 3.4.3 An independent commission, The Independent Boundary Commission, shall have power to revise constituency boundaries with respect to historical, geographical, cultural and linguistic sensitivities. 3.4.4 Members of the House of Commons shall be members of the local community of which they represent, maintaining a constituency home, holding regular constituency surgeries. 3.4.5 Members of the House of Commons shall sit at the discretion of the Emperor, under article 2.3.4, and as such shall hold a suitable working life beyond their parliamentary duties. 3.4.6 No employer shall prevent a Member of the House from attending to their Parliamentary duties. 3.4.7 Members shall be reimbursed for lost earnings and expenses incurred when performing official Parliamentary duties. 3.4.8 Members shall submit to the Emperor, or the Emperor’s appointed representative for the Treasury, tax receipts and letters from employers for the due process of article 3.4.7. 3.5.1 The House of Lords shall consist of all the Lords Spiritual (Bishops of the Church in Gandalfia), all hereditary Lords, 9 Judges who have suitable qualification and experience who shall be called the ‘Law Lords’ and appointed leading business men and leading representatives of other professions (including, but not restricted solely to, teachers, doctors, sports people and charity workers), the Latter with the title, Lords Temporal. 3.5.2 The title of Lord shall not be hereditary for descendants of the Lords Spiritual, or the Lords Temporal that are appointed to the House of Lords. 3.5.3 Members of the House of Lords shall sit at the discretion of the Emperor, under article 2.3.4. Title 4 Parliament 4.1.1. Parliament shall represent the concerns of the citizens of the Empire. 4.1.2 Parliament shall scrutinise and suggest amendments to legislation. 4.1.3 Parliament shall comprise the House of Lords, the House of Commons and the Emperor, with due respect to articles 2.3.1, 2.3.2. 4.2.1 Citizens of the Empire living abroad, beyond the territorial borders of the Empire, shall be represented in Parliament. 4.2.2 Citizens as described in article 4.1.4 shall have such representation through suffrage, under articles 1.2.3 and 1.2.4, through the Empire’s consulates, embassies or any such building so designated by the Emperor. 4.3.1 The Emperor, or his designated official, with the Parliamentary assent of both Houses of Parliament by majority vote, shall determine the term for which each House is elected, their allowances, the conditions of eligibility and the terms of disqualification and of incompatibility with membership. 4.3.2 The Emperor shall determine the manner of election of a person to replace Members of the House of Commons whose seat has become vacant, under the regulations set forth by this constitution. 4.4.1 No Member of Parliament shall be arrested, prosecuted, investigated, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties, except under direction by this Constitution. 4.4.2 No Member of Parliament shall be arrested for a crime nor subjected to a custodial, or semi-custodial, measure without the authority of the majority of the House of which they are a member whilst the House sits. 4.4.3 Such requirement of article 4.4.2 shall not be required when the House has been dissolved or when a conviction has become final. 4.5.1 A Member of Parliament’s vote shall be exercised in person. 4.5.2 In exceptional circumstances the House of which an absent Member is a Member, may allow voting by proxy. In such event no Member shall be given more than one proxy. 4.6.1 Parliament shall sit at the discretion of the Emperor. 4.6.2 Members of Parliament may petition the King for the recall of Parliament to discuss urgent business. 4.6.3 The days and hours of sittings for the Houses of Parliament shall be determined by the Rules of Procedure of Each House. 4.6.4 The official language of the Empire shall be the only language used in the Houses of Parliament, except where the Emperor decrees to the contrary. 4.6.5 The sitting of both Houses shall be public. Debates may be attended by any citizen of the Empire who shall sit in the citizen gallery. Voting chambers shall be closed to citizens in attendance. 4.6.6 Either House of Parliament may sit in camera at the request of the majority vote of the Members of the House present when such request is submitted. 4.6.7 No Member of the House of Commons may enter the House of Lords debate chamber or voting chambers unless called to do so. 4.6.8 No Member of the House of Lords may enter the House of Commons debate chamber or voting chambers unless called to do so. Title 5 On Treaties and International Agreements 5.1.1 The Emperor, or designated official or party, shall negotiate treaties. 5.1.2 The Emperor shall ratify treaties. 5.1.3 Peace treaties, trade agreements, treaties or agreements relating to international organisation shall be ratified by the Emperor. 5.1.4 Treaties as described in article 5.1.3 that include the commitment the finances of the State, those relating to the status of persons shall be approved by both Houses of Parliament in majority vote and ratified by the Emperor. 5.1.5 Treaties as described in article 5.1.3 that involve ceding or exchanging territory of the Empire shall be ratified by majority referendum of all citizens fulfilling the voting criteria under article 1.2.4 5.1.6 Any treaty with restriction in respect of approval or ratification under articles 5.1.4 and 5.1.5 shall not take effect until such ratification or approval has been secured. 5.2.1 The Emperor may commit the Empire, to agreements with other sovereign Nation States where such agreements are in agreement with the Constitution and laws of the Empire. 5.2.2 As such the Empire remains empowered to grant asylum to any non-citizen as the Empire sees fit. 5.2.3 Any agreement or treaty duly ratified or approved shall not override the Sovereignty of the Empire, or overrule the legal judgements passed by the Empire’s legally sanctioned courts of Law. Title 6 Judicial Authority. 6.1.1 The Emperor shall be the guarantor of the Independence of the Judicial Authorities. 6.1.2 Judges shall be irremovable from office. 6.1.3 All judges of the Empire shall swear, and abide, by the official oath as stipulated in article 1.1.15 6.1.4 Only legally Official Courts of Law shall be legally binding on the citizens of the Empire. 6.2.1 The Highest Judicial Authority shall be the Emperor. 6.2.2 The Emperor shall only act as the final Court of Appeal and shall not hold of proclaim judgement in a legally Official Court of Law. 6.2.3 The Highest Official Court of Law shall be the Law Lords of the House of Lords. 6.2.4 The Law Lords shall be responsible for the safe, secure and good governance of the judicial system. 6.2.5 The Law Lords shall act as the disciplinary council of Judges who are found to breach good conduct or procedures of the Judiciary. To assist in this the Law Lords may co-opt, for the time it takes to deal with the individual disciplinary case, any person they determine appropriate for the completion of their duties. 6.2.6 Such people’s as stipulated in article 6.2.5 shall have no vote in deciding the outcome of the disciplinary council. 6.3.1 A system of local and provincial courts shall be set up to ensure the good governance and proper keeping of the law. 6.4.1 No citizen shall be arbitrarily detained. 6.4.2 No citizen shall be extradited to another State without the majority approval of Both Houses of Parliament and the consent of the Emperor. Article 7 On Communities 7.1.1 The communities of the Empire shall be the Settlements, the Provinces, the Regions, the Special-Status communities and Overseas Territories. 7.1.2 The communities may take decisions in all matters arising under powers granted by the Emperor that can be best exercised at their level. 7.1.3 In the conditions, these communities will exercise those powers granted through self-governance through elected councils and an Upper Chamber appointed by the Emperor, or any designated individual or body. 7.1.4 Election for councils in article 7.1.3 shall take place in accordance with, and in like manner to, those set forth in this constitution for elections of Members of the House of Commons. 7.1.5 Under article 1.1.2 the official language of the Empire is English (UK) though the Emperor respects regional languages and empowers communities to use any appropriate indigenous local language as an official secondary language within the confines of the community. 7.1.6 Secondary languages used under article 7.1.5 shall be secondary languages under English in all official documentation of the Empire and communities. Title 8 On the Church in Gandallfia 8.1.1 The Church in Gandallfia is an established church. 8.1.2 The laws and constitution of the Church, though contained in a separate document, is to be considered legally bound by this Constitution of the Empire, and an aspect of this Constitution. Title 9 On Amendments to the Constitution 9.1.1 Amendments to the Constitution, except where they fall under the personal rights, privileges and prerogatives of the Emperor, shall be enacted through a Bill to Parliament and follow the proper and legal procedures as laid out for other bills as laid out in this Constitution. 9.2.1 No amendment shall be commenced where the integrity of the Empire’s territory is placed in jeopardy. 9.3.1 The form of government by absolute Emperor as laid out in the first ever form of the constitution of the Empire shall not be the object of any amendment. ''' '''Notes on the Constitution 1. Where the constitution refers to his/him/man it is intended to be gender neutral, being used for ease of writting and clarity of the constitution and where it is used the Constitution shall be understood to be reading his/hers or him/her or man/woman or men/women or father/mother as contextually set, and precedented by the original word used. 2. Articles highlighted in red have been agreed in principle but is awaiting final approval on a matter of minute detail before full inclusion in the Constitution and as such has been included for reference and flow. Category:Nations